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071117ws Agenda PackageHarnett County Board of Commissioners Work Session Tuesday, July 11, 2017 9:00 am Campbell Stadium Sidewalks Project Ordinance and Agreement, Amanda Bader 9:15 am YMCA Proposal, Carl Davis and Angela McCauley 9:45 am County Manager's Report: - July 17, 2017 Agenda Review 10:00 am Closed session 10:30 am Adjourn COUNTY OF HARNETT CAPITAL PROJECT ORDINANCE CAMPBELL STADIUM SIDEWALKS BE IT ORDAINED by the Board of Commissioners of the County of Harnett, North Carolina, sitting as the governing board for Harnett County, that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1. The project authorized is the construction of the Campbell Stadium Sidewalks. The work includes a sidewalk from the football stadium along US 421 to the Medical School. Section 2. The officers of this unit are hereby directed to proceed with the capital project within the terms of the grant documents, loan documents, and the budget contained herein. Section 3. $200,000 has been appropriated for the project. These monies are appropriated from the Campbell University School of Osteopathic Medicine Project, PU 1202. For internal reporting, the following breakdown is proposed: Engineering $30,000 Geotechnical Services $5,000 Capital Outlay $60,000 Materials and Supplies $60,000 Legal & Administration $20,000 Survey $15,000 Wetland delineation and permitting $10.000 Total $ 200,000 In accordance with section 4 of the County Budget Ordinance, the Finance Officer and County Manager is hereby authorized to approve the transfer of appropriations between expenditure line items in the project with the exceptions that change orders affecting engineering and construction may not exceed 5% (cumulative) of the project total without prior approval of the Board. Change orders within the 5% limitation will be presented to the Board at the next regular meeting of the Board of Commissioners as in accordance with G.S. 159-15. Section 4. The following revenues are anticipated to be available to complete this project: CUSOM Project, NCDOT Grant Total Page 1 of 2 $200,000 $200,000 Section 5. The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the grantor agency, the grant agreements, and federal regulations. Section 6. Funds may be advanced from the General Fund for making payments as due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. The Finance Officer is directed to report, on a quarterly basis, on the financial status of each project element in Section 3 and on the total grant revenues received or claimed. Section 8. The Budget Officer is directed to include a detailed analysis of past and future costs and revenues on this capital project in every budget submission made to this Board. Section 9. Copies of this capital project ordinance shall be furnished to the Clerk to the Board of Commissioners, and to the Budget Officer and the Finance Officer for direction in carrying out this project. Adopted this the day of 2017 ATTEST Margret Regina Wheeler Clerk to the Board Harnett County Board of Commissioners Page 2 of 2 Gordon Springle, Chairman (SEAL) DRAFT NORTH CAROLINA AMENDMENT OF REIMBURSEMENT AGREEMENT HARNETT COUNTY THIS AMENDMENT OF REIMBURSEMENT AGREEMENT (the "Amendment"), entered into this day of , 2017, by and between Campbell University, Incorporated, a North Carolina Nonprofit Corporation with its principal place of business in Buies Creek, North Carolina, (hereinafter referred to as "Campbell"), and the County of Harnett, a body politic organized and existing under the laws of the State of North Carolina, with its principal place of business in the Town of Lillington, North Carolina (hereinafter referred to as "Harnett County"); THAT WHEREAS, the parties entered into a REIMBURSEMENT AGREEMENT (the "Agreement") on May 7, 2012, to assist in the more efficient flow of traffic in the vicinity of the Campbell University School of Osteopathic Medicine ("CUSOM"); AND THAT WHEREAS, Harnett County has received a grant in the form of a Locally Administered Project -State Contingency Agreement dated from the State of North Carolina Department of Transportation in the sum of Two Hundred Thousand Dollars ($200,000.00) (the "DOT AGREEMENT"), a copy of which is attached hereto and incorporated by reference, to be used to reimburse Campbell for the cost of the construction of public roads adjacent to the new CUSOM Medical School; AND THAT WHEREAS, the parties are desirous of amending the Agreement to revise certain sections to reflect more recent developments of the CUSOM, Campbell, and Harnett County on the main campus of Campbell and a project of Harnett County abutting property of Campbell on NC Highway 210 near its intersection with Harnett Central Road; IT IS THEREFORE AGREED, between the parties that the Agreement is amended and restated in total to read as follows: 1. Campbell has caused to be constructed public roads in the vicinity of the CUSOM Medical School as approved by NCDOT at the cost of Campbell. 2. The County will cause to be constructed concrete sidewalks of a minimum width of -I.j feet on the north side of US Highway 421 interconnecting the Campbell tunnel under US Highway 421 at the football stadium with the eastern margin of Keith Hills Road at its intersection with US Highway 421 (the "Stadium Project"), with the exception of a pedestrian bridge (if needed) over a wetland crossing, to include 1 engineering design, at a cost to the County not to exceed $200,000.00 payable from proceeds received from NCDOT through the DOT Agreement. The parties understand that the funding provided by Harnett County is through NCDOT grant funding and no other source. Harnett County shall not be responsible for the payment of any costs outside of the funding agreement and funds received from the NCDOT pursuant to the DOT Agreement. As part of the Stadium Project Campbell will cause to be constructed a pedestrian bridge over the wetland crossing. 3. Harnett County shall require the contractor employed by Harnett County to construct the Stadium Project to maintain at all times during the work on the Stadium Project commercial general and automobile liability insurance in the minimum amounts of Two Million Dollars ($2,000,000.00) per occurrence, Five Million Dollars ($5,000,000.00) in the aggregate, statutory worker's compensation insurance, and performance and bid bonds in the amount of the contract for the work,. 4. That in constructing said Stadium Project Harnett County will at all times comply with any terms of and conditions of approval and construction as set forth in the DOT Agreement. 5. In consideration of the improvements by Harnett County as set forth herein. the Campbell University Foundation, Inc., will dedicate an easement along NC 210 for the new entrance to Harnett Central Middle School/Neills Creek Park, not to exceed SF as shown on Attachment A hereto. 6. The terms of this Agreement shall be binding on each of the parties hereto or their successors and assigns. 7. Campbell Unless otherwise set herein, each party (the "Indemnitor") shall indemnify and hold Harnett County the other party (the "Indemnitee") and their agents, officers, appointees, members, representatives, elected officials, employees, guests, and invitees harmless from any and all claims, liabilities, penalties, damages, expenses, and judgments for injuries or accidents to persons or damage to property of any nature and cause whatsoever arising directly or indirectly from the negligence of Campbell, its trustees, agents, officers, and employees, while performing pursuant to this reimbursement agreement. Campbell's obligation to indemnify Harnett County shall include, without limitations, costs, expenses, and attorney's fees (including those on appeal) incurred in defense of such claims, whether or not such are adequately covered by insurance. The parties hereby agree that under no circumstances shall Harnett County be liable for indirect, consequential, special, or exemplary damages such as, but not limited to, Toss of revenue or anticipated profits or other damage related to this reimbursement agreement. The indemnification requirement set forth in this Article shall survive termination of this agreement and shall not limit any other indemnification provisions in this Agreement. 2 8. No Amendment or modification of this reimbursement agreement shall be binding upon either party hereto or their successors in interest unless such amendment or modification shall be set forth in writing and executed by each party in interest. 9. This Agreement contains the entire understanding of the parties and there are no representations, covenants or undertakings other than those expressly set forth herein. 10. Any and all required notices herein shall be in writing or facsimile transmission to each party as follows: Campbell: James O. Roberts P.O. Box 97 Buies Creek, NC 27506 Harnett County: County Manager P.O. Box 759 Lillington, NC 27546 If said notice is sent via facsimile, it shall be deemed received as shown on a confirmation receipt maintained by the sending party. 11. The Campbell University Foundation, Inc. joins this Amended Agreement solely for the purpose of dedicating the easement as described in Section 4. IN WITNESS WHEREOF, the parties hereto have executed this rental agreement in duplicate originals, one of which is retained by each of the parties, this the day and year first written above. CAMPBELL: Campbell University, Incorporated By: J. Bradley Creed , President ATTEST: James O. Roberts, Secretary County of Harnett By: Chairman, Harnett County Board of Commissioners 3 ATTEST: Clerk Campbell University Foundation, Inc. J. Bradley Creed, President ATTEST: James 0. Roberts, Secretary 4 1P)" the Dear Carl April 2017 FOR YOUTH DEVELOPMENT FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY The YMCA would like to enter into a partnership with Harnett County and Parks and Recreation to put a YMCA in your community. The first such facility would be located in the current Cagle Furniture building on Hwy 87 in Spout Springs. The current building of 30,000 square feet would be retrofitted to house wellness, children's programs/services, a small gym, a pool, group exercise classes and community rooms. Access to this facility would either be through membership or a daily pass. The Y offers financial assistance to those who cannot afford the full membership rate. The Y is a non-profit with over 170 years of history serving in 121 different countries. In the Fayetteville area we offer free membership to all wounded warriors, free summer childcare to low income single moms, free wellness service to senior adults including diabetes and arthritis programs. Having the Y in your community would bring these FREE services to Harnett County. If you believe that Harnett deserve to have swim lessons for kids, senior adult health programs, a place where veterans can rehab and a year round facility where families can just be families then supporting a Y could make that a reality What I am asking of Parks and Recreation/Harnett County is to support this facility at $9,500 a month for 10 years. If agreed the Y would investment donor dollars to retro fit the Cagle Furniture building. In as little as 18 -months there could be a Y in Harnett County. I would be glad to make a formal presentation to your Board, the County Manager, our County Commissionaires or community leaders. For a small investment a huge possibility awaits. Thank you for taking the time to meet with me. cerely, Ric YMCA CEO YMCA Mission: To put Christian principles into practice through programs that build healthy spirit, mind, and body for all FAYETTEVILLE BRANCH 2717 Fort Bragg Road Fayetteville, N.C. 28303 P 910-323-0800 F 910-323-5650 HOPE MILLS BRANCH 3910 Ellison Street Hope Mills, N.C. 28348 P 910-426-9622 F 910-426-2948 United Way YMCA NORTH 3725 Ramsey St. Fayetteville, N.C. 28303 P 910-223-9457 11� J n ,p• ,fit `O'_ O) 1